Texts of pending comments

Article 2 of the Convention. Right to establish and join organizations. The Committee notes the Government’s indication that an amendment to the Law on State Security Institutions prohibits officials and employees of a State security institution from establishing trade unions and participating in their operation (section 18(6) of the Law on State Security Institutions). In this respect, the Committee recalls that, under Article 9(1) of the Convention, the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. These exceptions are justified on the basis of the responsibility of these two categories of workers for the external and internal security of the State. In the view of the Committee, these exceptions must however be construed in a restrictive manner. For example, they do not include civilian personnel in the armed forces or civilian employees in the intelligence services, nor do they automatically apply, in the view of the Committee, to all employees who may carry a weapon in the course of their duties, who cannot a priori be excluded from the scope of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 67). In this respect, the Committee observes that the Law on State Security Institutions applies to officials and employees of a variety of State institutions carrying out intelligence and counterintelligence activities. The Committee requests the Government to provide further information in light of the above, and to take any measures that may be necessary to ensure that this exclusion from the right to establish trade unions and participate in their operation is only applicable to members of the police and the armed forces.

The Committee notes with satisfaction the amendments made to the Labour Code in 2017, 2018 and 2019, which aim, inter alia, to promote collective bargaining at the sectoral and territorial levels and to strengthen the role of collective agreements. The Committee also notes with interest the national collective agreements concluded or renewed in various sectors since 2019 (health and care, railway, construction, glass fibre industry, hospitality and catering). The Committee requests the Government to continue to provide information on the number of collective agreements concluded and in force in the country, the sectors concerned and the number of workers covered by these agreements.

The Committee takes note of the Government’s report in 2019 and the supplementary information provided by the Government in 2020 in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee also notes the observations of the Free Trade Union Confederation of Latvia (FTUCL), submitted together with the Government’s report in 2019.

Impact of the COVID-19 pandemic. Socio-economic impact. Response and recovery measures. The Committee notes that, according to the Progress Report 2020 concerning the National Reform Programme (NRP) of Latvia for the Implementation of the “Europe 2020” Strategy, the Government adopted a set of support measures in April 2020 with the aim of mitigating the impacts of the COVID-19 pandemic. These measures included the payment of downtime benefits to employees at 75 per cent of their average monthly gross salary over the six months preceding the emergency situation or according to the data actually declared by the employee in the last 6 months, but not more than 700 EUR per month. The benefit was also available to self-employed persons, recipients of royalties and micro-enterprise taxpayers. In addition, SMEs and large enterprises encountering difficulties due to the pandemic in making their loan repayments to credit institutions, were provided with a credit guarantee allowing the credit institution to postpone payment of the principal amount of the loan. Other measures included the exemption of self-employed persons from personal income tax (PIT) payments for 2020. The Committee requests the Government to provide detailed updated information on the impact of the COVID-19 pandemic on the labour market, including statistical information, disaggregated by age and sex, on the size and distribution of the labour force, rates of employment, unemployment and underemployment. It further requests the Government to indicate the manner in which the pandemic and the measures adopted to mitigate its effects have affected the achievement of the objectives of the Convention. In particular, the Committee invites the Government to provide information on the mitigating effects of the measures taken to minimise the impact of the pandemic. In this regard, the Committee requests statistical information on the extent to which these measures have relieved the adverse effects of the pandemic on the Government’s policies for employment, unemployment, underemployment.

Articles 1 and 2 of the Convention. Employment trends and active labour market measures. The Committee welcomes the comprehensive reports provided by the Government, containing detailed information on legislative and practical developments, as well as statistical data. The Government indicates that, between 2018 and 2019, the overall employment rate for the 15–64 age group increased from 71.8 per cent to 72.3 per cent, while the overall unemployment rate decreased from 7.6 per cent to 6.5 per cent. The employment rate of women of this age group was 70.7 per cent in 2019, lower than that of men (73.9 per cent), while the unemployment rate of women (5.7 per cent) was also lower than that of men (7.3 per cent). During the same period, the overall employment rate of older people (50 – 64) increased from 70.4 per cent to 71.6 per cent, higher than the EU average of 67.2 per cent. Overall long-term unemployment (for a period longer than one year) also continued to decrease from 42.5 per cent to 38.9 per cent of total unemployment. However, in the context of the COVID-19 pandemic, the Government indicates that, according to Eurostat data, the unemployment rate increased from 7.4 per cent in March 2020 to 10.1 per cent in June 2020. The Government also refers to a series of active labour market measures (ALMP) adopted in the context of the NRP, including provision of career guidance, development of basic skills and competences, vocational training, subsidized employment, paid temporary public works, support for self-employment and business start-ups, provision of motivation programmes for the long-term unemployed and promoting regional mobility. Some 74,606 persons in 2019 benefitted from these measures, compared to 91,757 persons in 2018. According to the NRP Implementation Report, in 2019 and 2020, various ALMPs measures continued to be applied with the aim of improving the skills and qualifications of the labour force. Measures included providing targeted support to certain groups more exposed to unemployment risks, paying special attention to providing support for the long-term unemployed and persons with mental conditions and supporting elderly employed persons in retaining their ability to work. The Committee notes, however, that, in its concluding observations of 30 March 2021, the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern that certain groups continued to be disproportionately affected by unemployment, including members of the Roma community, non-citizens, persons belonging to minority groups, persons over 50 years of age and persons with disabilities (document E/C.12/LVA/CO/2, paragraph 22 (b)). The Committee requests the Government to continue to provide information on the impact of the active labour market measures implemented under the National Reform Programme, particularly those targeting specific categories of workers vulnerable to decent work deficits, such as members of the Roma community, persons belonging to other minority groups, persons with disabilities, older workers and the long-term unemployed. It also requests the Government to continue to provide updated labour market data, disaggregated by age, sex and region, on the level and trends of employment, unemployment, underemployment and unregistered employment, as well as on the measure taken to address labour market challenges in the context of the COVID-19 pandemic.

Youth employment. The Government reports that the overall employment rate of young persons (15–24) decreased from 33.1 per cent in 2018 to 31.8 per cent in 2019, while their unemployment rate increased from 12.2 per cent to 12.4 per cent. The Government refers to the implementation since 2015 of the Project “Know and Do”, which provides support to young people who are not in employment, education or training (NEET). Noting the increase in the unemployment rates of young women and men in the context of the COVID-19 pandemic, the Committee encourages the Government to strengthen its efforts to tackle youth unemployment and to promote the long-term integration of young persons in the labour market, paying special attention to the employment of young women, and to provide information on the progress made or results achieved in this regard.

Regional development. The Committee notes the Government’s indication that, despite positive development tendencies, high regional disparities remain. As of 2019, the largest economically active population (35.1 per cent) and the majority of jobs (53.9 per cent) were concentrated in the Riga Region. The highest economic activity rate was also observed in the Riga Region (73.8 per cent), whereas the Latgale Region had the lowest rate (62.8 per cent) in 2019. The Latgale Region also had the highest unemployment rate (15.9 per cent), compared to the lowest unemployment rates in the Riga and Pieriga Regions (6.9 per cent). In this respect, the Committee notes the adoption of the Regional Policy Guidelines for 2021–2027 on 19 November 2019, which defines the main policy objectives, development directions and tasks that will form the basis for particular policy initiatives and measures. The Guidelines aim to foster economic development at the regional and local levels, as well as to provide better access to quality public services, and to strengthen the capacity of local institutions in fostering the local economy. The Government indicates that the Cabinet of Ministers adopted the Action Plan for the Development of the Latgale Regions 2018 – 2021, to promote local economic activity, create new jobs and improve the welfare of local residents. The Committee requests the Government to provided information on the implementation of the Regional Policy Guidelines for 2021–2027, including measures taken within its framework and the results achieved with regard to the creation of sustainable and lasting employment. It also requests the Government to indicate whether the Action Plan for the Development of the Latgale Regions 2018–2021 will be renewed upon its expiration in 2021, and to continue to provide information on its implementation. The Committee further requests the Government to continue to provide detailed statistical information on the regional development, disaggregated by sex, age and region.

Article 3. Participation of the social partners. The Government reports that it continues to cooperate with the social partners in development of both regulatory enactments, policy planning, and industry initiatives, particularly through the National Tripartite Cooperation Council and its sub-councils, as well as the Monitoring Committee for the establishment of labour market forecasting system. The Committee requests the Government to provide updated detailed information on the content and outcome of consultations held with the social partners on the matters covered by the Convention, including measures taken to mitigate the impact of COVID-19 on employment, as well as on consultations held with representatives of the persons affected by measures to be taken, in accordance with Article 3.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

A. Labour inspection

1. Labour Inspection Convention, 1947 (No. 81)

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary functions of labour inspectors. 1. Labour inspection activities in the area of undeclared work. In its previous comments, the Committee requested the Government to continue to provide information on the work of the labour inspectorate in relation to the establishment of formal employment contracts and the registration of workers in the social security scheme. The Committee notes the information provided by the Government in its report according to which during the period from 2017 to 2020, the State Labour Inspectorate (SLI) imposed a total of 2,546 administrative penalties on employers for establishing employment without a written employment contract and/or a declaration to the State Revenue Service. It also notes that under section 25 of the Law on Administrative Liability of 2018, the imposition of administrative penalties does not exempt the employer from compliance with the obligation to enter into a written employment contract, in accordance with sections 28(1) and 41(1) of the Labour Law of 2001.

The Committee also notes the Government's indications on the conduct of surveys for the identification of unregistered employment, as well as on the activities undertaken to improve the effectiveness of the surveys. The Committee notes that from 2017 through the first quarter of 2021, the SLI conducted 2,606 surveys in mining, manufacturing and commercial enterprises during which 1,094 unregistered employees were identified. It also notes that during the same period, the SLI re-inspected enterprises where no unregistered employees were identified, but where there were indications that unregistered employment may be present. In this regard, the Committee notes that 1,426 surveys were repeated in enterprises identified as having a high risk of unregistered employment.

The Committee further notes with interest the Government’s indication that following inspections carried out by the SLI from 2017 through the first quarter of 2021, 3,297 employees were regularized through the conclusion of written employment contracts and the registration of employees with the State Revenue Service, and that this number represents between 55 per cent and 71 per cent (variations by year) of all identified unregistered employed persons.

In addition, the Committee notes the comprehensive information provided by the Government on the measures taken by the SLI to reduce unregistered employment. In particular, it notes the establishment of the Working Group of Unregistered Employment Coordinators in 2017, through which criteria were developed to identify unregistered employment; the 2019 cooperation agreement between the SLI and the Free Trade Union Confederation of Latvia (FTUCL), under which the scope of cooperation issues in the field of unregistered employment was expanded; as well as the Government's indications regarding the annual meetings organized by the SLI with the FTUCL to report on the results of the previous year and discuss the plan for the following year. The Committee requests the Government to continue to provide information on the work of the labour inspectorate with respect to securing the enforcement of sections 28(1) and 41(1) of the Labour Law on the establishment of written employment contracts. It also requests the Government to continue to provide specific information on the number of employees whose situation is regularized, as compared to the number of unregistered employees identified.

2. Labour inspection activities related to the monitoring of migrant workers. The Committee notes the Government's indication in response to its previous request for information on joint inspections carried out with the State Boarder Guard that joint employment control measures are regularly implemented to prevent violations of laws regulating employment relationships and labour protection, as well as violations of the Immigration Law, including the conditions of residence and employment of foreigners. In this respect, the Committee notes that according to the information provided by the Government, 333 joint inspections with the State Boarder Guard were carried out between 2017 and 2020 to control the employment of third-country nationals. It also notes the information concerning the cooperation agreement between the SLI and the State Border Guard, which aims to organize cooperation between these two state bodies and to monitor the effectiveness of inspections carried out in view of the increased urgency of employment control and monitoring of third-country nationals.

Moreover, the Committee notes that the Government indicates that in order to monitor unregistered employment of third-country nationals, SLI officials regularly cooperate with the State Border Guard, the State Police, the Office of Citizenship and Migration Affairs, the State Revenue Service and the Ministry of the Interior, and that each institution uses the information obtained in joint inspections within its competence as evidence in order to prove unregistered employment. The Committee recalls that the primary duty of labour inspectors is to protect workers and not to enforce immigration law. The function of verifying the legality of employment should therefore have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. In this connection, the Committee requests the Government to take the necessary measures to ensure, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, that additional duties which are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers are assigned to labour inspectors only insofar as they do not interfere with their primary functions. The Committee also requests the Government to indicate the time and resources allocated by labour inspectors to each of their duties related to monitoring migrant workers, in comparison to the time and resources allocated to their primary functions. The Committee further requests the Government to provide information on instances where inspectors took specific action to provide migrant workers with protection of labour rights equal to those enjoyed by Latvian citizens.

Articles 3(1)(b), 5(b), 13(2)(b) and 16 of Convention No. 81 and Articles 6(1)(b), 13, 18(2)(b) and 21 of Convention No. 129. Preventive measures carried out in the area of occupational safety and health (OSH), including in agriculture. The Committee notes the information provided by the Government, in response to its previous request, that the SLI carries out an average of 10,000 inspections in enterprises each year. It notes that in both preventive and extraordinary inspections, which include accident investigations, examination of submissions and preparation of hygienic descriptions of workplaces, SLI officials pay attention to compliance with the requirements of laws and regulations regarding labour protection (including mandatory health inspections, provision of personal protective equipment, assessment and measurement of risk factors and training in safe working techniques), and that, potential danger and direct threats to the safety and health of employees can therefore be detected.

The Committee also notes the Government's indications that in order to improve the supervision and control of the working environment, the number of preventive inspections in the field of labour protection has increased from 2,215 to 3,103 between 2017 and 2020. It notes that 5 per cent of all inspections are carried out to inspect enterprises in which breaches of labour protection and/or labour law have previously been detected, and to assess whether and how the breaches have been addressed.

The Committee further notes the Government's indications that pursuant to section 7(1) of the State Labour Inspectorate Law of 2008, which empowers officials of the labour inspectorate to suspend the operation of a person or object, if they detect that laws and regulations regarding labour protection and employment relationships have been violated, SLI officials issued orders and warnings concerning the suspension of the operations as follows: in 2017, 15 orders and 13 warnings; in 2018, 6 orders and 36 warnings; in 2019, 10 orders and 55 warnings; and in 2020, 3 orders and 14 warnings. Further, the Committee notes that, according to the Government, in the agricultural sector during the period 2017–20, the SLI conducted 1,439 inspections, issued 418 orders for the elimination of 2070 violations, and imposed 169 administrative penalties. The Committee also notes that the number of occupational accidents and diseases continues to increase since 2015 while the number of fatal accidents remains substantially unchanged.

The Committee notes, in addition, the Government’s indication that the SLI organizes annual thematic inspections in the field of labour protection, targeting high-risk sectors, including agriculture, with the objective, inter alia, of preventively inspecting working conditions in enterprises and reducing the risks of occupational accidents and diseases. In this regard, the Committee notes that from 2017 to 2020, the SLI organized thematic inspections in various sectors, such as construction, agriculture, metallurgy, food and beverage production, as well as on the safe use of chemicals in the working environment. The Committee requests the Government to continue to provide information on the preventive activities carried out by the SLI in the field of OSH. It also requests the Government to provide information on annual inspections conducted including preventive, extraordinary, follow-up and thematic inspections, as well as information on the number of orders issued with immediate executory force in case of imminent danger to the health or safety of workers. With regard to occupational accidents and diseases, the Committee also refers to its comment concerning the application in practice of Convention no. 155.

Articles 6 and 11(1) of Convention No. 81 and Articles 8 and 15(1) of Convention No. 129. Status and conditions of service of the labour inspection staff. Provision of work equipment. Further to its previous comments on the increase in the remuneration of labour inspection staff, the Committee notes the Government's indications regarding the increase in the SLI budget and its remuneration fund until 2021, which directly affects the average level of remuneration of employees. In this regard, it notes that in 2019, all employees whose job performance evaluation was good, very good and excellent, received a job performance evaluation bonus in the amount of 55 per cent, 65 per cent and 75 per cent, respectively, in accordance with section 35 of the Cabinet of Ministers Regulation No. 66 of 2013 “Regulations Regarding Work Remuneration of Officials and Employees of State and Local Government Authorities, and Procedures for Determination Thereof”. It further notes that according to the information provided by the Government, the turnover rate of inspectors decreased from 28 per cent in 2017 to 17 per cent in 2020.

The Committee also notes that the Government indicates that SLI officials receive certain benefits, including annual leave allowances of up to 50 per cent of the established monthly salary and cash prizes for personal contribution to employees aged 50, 60 and 70 who have worked for at least 5 years.

With respect to the remuneration levels of SLI inspectors, the Committee notes the Government's indication that remuneration is determined in accordance with the Law on Remuneration of Officials and Employees of State and Local Government Authorities of 2009, which establishes a unified system for determining remuneration of employees and officials of state and local government institutions.

The Committee further notes the Government's reply to its previous request for information on the measures taken to improve the equipment necessary for the performance of work responsibilities. In particular, it notes that during the period from 2018 to 2020, personal protective equipment (including footwear, helmets and vests, warm windbreakers and fleece jackets) and office equipment (including desks, chairs, air conditioners, smartphones, laptops, computers, printers and photocopiers) were acquired. In addition, it notes that the SLI has 36 cars at its disposal to facilitate the performance of inspection tasks. Taking due note of this information, the Committee requests the Government to continue to provide information on the status, conditions of service, and turnover rate of the labour inspection staff.

A. Labour administration

Labour Administration Convention, 1978 (No. 150)

Article 6 of the Convention. Impact of austerity measures on labour administration. The Committee notes the Government's indication, in response to its previous request for information on the measures taken as a result of the economic and financial crisis, that short-term measures aimed at alleviating the severe social consequences of the crisis and reducing the risk of increased poverty, and long-term measures aimed at improving the competitiveness of the labour force and promoting the inclusion of disadvantaged groups in the labour market, have been necessary in recent years. It notes that while the Government does not refer to specific measures taken in the area of labour administration, public spending on labour market policies remains below 1 per cent of GDP since 2012.

The Committee further notes the Government's indications that with the rapid spread of COVID-19 and the decline in economic activity since March 2020, the number of unemployed persons has increased, impacting the workload of State Employment Agency (SEA) staff. At the end of 2020, 69,000 unemployed persons were registered with the SEA. In this respect, the Committee notes the information provided by the Government on the functions and activities carried out by the SEA for the promotion of employment.

Lastly, the Committee notes the Government’s indication that with regard to social insurance benefits, since 2015 there are no longer restrictions or limits on the amount of benefits. While taking due note of this information, the Committee requests the Government to continue to provide information on the measures taken in order to address the health crisis and their impact on the effective performance of the functions of the labour administration services. It also requests the Government to continue to provide information on the work of the labour administration services in relation to the situation of unemployed persons.

Article 10. Status, conditions of service, material means and financial resources necessary for the effective performance of the staff of the labour administration. Further to its previous comments on the conditions of service of the staff of the labour administration and the allocation of appropriate financial resources to this end, the Committee notes the Government's indications that in the period from 2015 to 2019, the total amount of remuneration of the SEA staff has increased from €5,963,177 in 2015 (with 675.71 positions in 2015) to €7,710,415 in 2019 (with 699.82 positions in 2019).

The Committee also notes that the Government indicates that in 2019, as a result of SEA operational resource efficiency measures, the number of workloads financed from the SEA basic budget and special budget funds was reduced by 4 per cent (as of 1 January 2019 it was 460 positions and as of 1 January 2020 it was 441.6 positions). It also notes that the average monthly salary of SEA employees in March 2020 was €901 (approximately US$1,040), while in 2019, the average gross wages and salaries for full-time work in the country was €1,076 (approximately US$1,242). The Committee further notes the Government’s indication that the increase in the average level of remuneration in the economy makes the remuneration offered by the SEA less competitive and the Agency faces the challenge of attracting and retaining qualified specialists, which increasingly affects the agency’s capacity to provide quality customer service, to implement EU projects and to develop its operational processes.

With respect to material means necessary for the effective performance of the labour administration staff, the Committee notes the Government's indications regarding the acquisition of work tools including laptops, webcams and headsets following the organization of remote work, in order to reduce the risk to the health of the employees and clients of the SEA caused by COVID-19. Lastly, the Committee notes the information provided by the Government on the annual trainings of the SEA staff from 2015 to the first quarter of 2021, which were mainly focused on improving customer service skills and knowledge, including working with customers with special needs, establishing cooperation with employers and implementing the SEA employee support program. Noting the efforts made by the Government in relation to the conditions of service of the staff of the labour administration, the Committee requests the Government to continue its efforts to ensure that their remuneration is appropriate for the effective performance of their duties, in accordance with Article 10(2) of the Convention.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 115 (radiation), 119 (guarding of machinery), 120 (hygiene (commerce and offices) and 155 (OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Article 7 of the Convention. Review of the situation regarding occupational safety and health at appropriate intervals. In its previous comment, the Committee requested the Government to provide information on the results of the implementation of the Plan for the Development of the Labour Protection Field 2011–13 and the planning document of the Ministry of Welfare taking into account the situation in the country and the objectives and challenges in the context of the European Union Strategic Framework on Health and Safety at Work 2014–20. It notes that the Government indicates that the current National OSH Strategy is composed of the Strategy for the Development of the Labour Protection Field 2016–2020, the Strategic Action Plan 2016–2018 and the Strategic Action Plan 2019–2020 and that its main objective is to reduce the number of serious and fatal occupational accidents, prevent occupational diseases and increase the level of public awareness of occupational safety and health. The Committee further notes the Government's indication that according to the informative report on the interim evaluation of these measures, the activities and measures set out in the Strategic Action Plan 2016–2018 have contributed to improving the situation in the field of labour protection, especially in terms of raising public awareness and reducing the number of serious and fatal occupational accidents. In addition, the Committee notes the Government's indication that the European Social Fund project “Practical Application of Regulatory Enactments Regarding Employment Relationship and Occupational Safety” will continue until 2023 and aims to improve OSH in enterprises, in particular in high-risk industry. The project includes support for small and medium-sized enterprises, as well as for the assessment of risks in the work environment. Noting the Government's indication that the National Strategy documents are regularly evaluated, the Committee requests the Government to provide detailed information on the results of the implementation of the Strategy for the Development of the Labour Protection Field 2016–2020, the Strategic Action Plans for 2016–2018 and 2019–2020, as well as the result of the European Social Fund project in small and medium-sized enterprises.

Article 12(c). Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. Further to its previous comments, the Committee notes the Government’s reference to sections 31 and 37 of the Cabinet of Ministers Regulation No. 195 of 2008 Regarding the Safety of Machinery which establishes the manufacturer's obligation to carry out the necessary research of the components, equipment and machinery to determine whether, by its design or construction, it is possible to assemble the machinery and use it safely. The Committee notes that the aforementioned provisions refer exclusively to the manufacturer's obligation in relation to equipment and machinery. It therefore requests the Government to provide information on the manner in which it is ensured that those who design, import, provide or transfer machinery, equipment or substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b).

Application of the Convention in practice. With reference to its previous request concerning measures to address the increase in the number of occupational accidents, the Committee notes the Government's indications that since 2015, the State Labour Inspectorate (SLI) has increased the number of preventive inspections during which it is possible to provide consultation to employers on the measures to be taken to improve the working environment. It also notes the Government's indications on the conduct of thematic inspections covering 600 enterprises in the most dangerous sectors and the intensification of inspections of specific risks in the working environment which allow to reduce the risk of accidents. It further notes the implementation of preventive campaigns, the organization of seminars for employers, workers and labour protection specialists and the publication of informative resources on occupational safety and health. The Committee also notes that the number of occupational accidents and diseases continues to increase since 2015 while the number of fatal accidents remains substantially unchanged. In this connection, the Committee requests the Government to take the necessary measures and intensify its efforts to reduce the number of occupational accidents and diseases and to provide information on the measures taken, the outcome of these measures, as well as on the statistics reported.

B. Protection against specific risks

1. White Lead Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics. Application of the Convention in practice. Further to its previous comments, the Committee notes the Government's indication that according to the information provided by the Centre for Disease, Prevention and Control, there were 178 deaths due to poisoning and chemical exposure during the period from 2014 to 2020. The Committee notes, however, that the Government does not specify whether these deaths were directly caused by lead or its compounds. It also notes that while the Government does not refer to statistics on morbidity in relation to lead poisoning or measures taken to reduce the number of cases of occupational diseases concerned, the Government refers to a number of legislative measures that prevent the danger arising from the use of white lead in accordance with Articles 5 and 6 of the Convention. In particular, the Committee notes the 2015 amendment to the Cabinet Regulation No. 219 of 2009 “Procedures for the Performance of Mandatory Health Examinations”, which sets out specific requirements for health examinations in Annex 2; the adoption and subsequent amendments to Cabinet Regulation No. 131 of 2016 “Industrial Accident Risk Assessment Procedures and Risk Reduction Measures”, which prescribes the notification of industrial accidents to the State Environmental Service (section 100), as well as the conduct of inspection of establishments (Chapter X); and the 2020 amendment to the Chemical Substances Law of 1998, which now provides for the application of administrative offences in the field of chemical substances and mixtures (section 19). The Committee requests the Government to provide information on the application of the Convention in practice, including statistical information on cases of lead poisoning among working painters, indicating, in particular, morbidity and mortality due to lead poisoning, as well as on the number of inspections carried out, the outcome of these inspections, and the number of the contraventions reported.

2. Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention. Laws and regulations. The Committee notes the Government’s reference in its report to the 2018 amendment to the Cabinet of Ministers Regulation No. 1284 of 2013 “Procedures for Control and Registration of the Exposure of Workers” which sets a maximum permissible dose of ionizing radiation of 500 mSv received in certain parts of the body (section 25.4) and establishes conditions for the calibration and workplace monitoring of individual dosimeters (Annex 1). It also notes the adoption of Cabinet of Ministers Regulation No. 65 of 2021 “Regulation for the Notification, Registration and Licensing of Activities with Sources of Ionizing Radiation”, following the repeal of Cabinet of Ministers Regulation No. 752 of 2015.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. Alternative employment. In its previous comments, the Committee referred to the terms of paragraph 58 of Cabinet Regulation No. 219 of 2009 regarding the procedures for conducting mandatory health examinations, according to which if a health examination shows that a worker is not suited for the work to be performed, an employer shall provide the worker with working conditions without the specific factor of the work environment that is harmful to their health. In this regard, the Committee requested the Government to provide information on any monitoring undertaken with respect to the employers’ obligation under the above provision for workers for whom it has been determined that it is medically inadvisable to continue work involving exposure to ionizing radiations but who have not been diagnosed with an occupational disease. The Committee notes that the Government indicates that the SLI does not have specific information on measures taken by employers with respect to workers exposed to ionizing radiation. It also notes the Government's indication in response to the Committee's previous request on the coverage of the compensation scheme, that it applies to cases in which the occupational disease has been declared. It notes that the compensation prior to the declaration of an occupational disease corresponds to the period of investigation by the medical commission for occupational diseases, which becomes effective once the occupational disease has been declared. The Committee wishes to draw the Government’s attention to paragraph 40 of its 2015 general observation which indicates that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances in which it has been determined that workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure. In this regard, the Committee requests the Government to ensure, in accordance with paragraph 58 of Cabinet Regulation No. 219, that suitable alternative employment opportunities, not involving exposure to ionizing radiations, be provided to workers for whom it has been determined that, for health reasons, they may no longer continue to be employed in work by reason of which they could be subject to occupational exposure.

3. Guarding of Machinery Convention, 1963 (No. 119)

Legislation. Further to its previous comments, the Committee notes the information provided by the Government on the legislative measures adopted in relation to the application of the Convention. In this respect, the Committee notes the 2015 amendment to the Cabinet of Ministers Regulation No. 660 of 2007 “Procedures for the Performance of Internal Supervision of the Work Environment” specifying the requirements relating to the inspection of rotating and moving parts of machinery (Annex 1). It also notes that Cabinet of Ministers Regulation No. 209 of 2016 “Regulation on Electrical Safety for Equipment”, which repeals Cabinet of Ministers Regulation No. 187 of 2000, sets out detailed requirements for equipment (Part 2), obligations of the manufacturer (Part 3.1) and of the distributor (Part 3.4). The Committee further notes the 2019 amendment to the Labour Protection Law of 2001, which extends the scope of application of this Law to self-employed workers (section 2) and regulates administrative violations (Chapter VI), as well as the 2019 amendment to the Law on Technical Supervision of Dangerous Equipment of 1998, which prescribes the obligation to record information obtained during the inspection of hazardous equipment (section 11). Lastly, it notes the Government’s indication that following the expiration of the Latvian Administrative Violations Code of 1984, subsequent amendments concerning violations and competent institutions were introduced to the Law on Technical Supervision of Dangerous Equipment of 1998 (Chapter VII) and the Law on Conformity Assessment of 1996 (Chapter VIII).

Application of the Convention in practice. With reference to its previous request concerning measures to address the increase in the number of occupational accidents and diseases, the Committee notes the Government's indications on the implementation of preventive campaigns, as well as the conduct of the 2019 thematic inspection focusing on the safe use of equipment in the woodworking, food production and metal industry. The Committee refers to its comment above under Convention No. 155.

C. Protection in specific branches

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 12 of the Convention. Supply of wholesome drinking water to workers. Further to its previous comments in this regard, the Committee notes the Government's indications that in workplaces, water supplied to buildings is used for consumption and that its compliance with drinking water requirements is controlled in accordance with Cabinet of Ministers Regulations No. 671 of 2017 “Mandatory Harmlessness and Quality Requirements for Drinking Water, and the Procedures for Monitoring and Control Thereof”. The Committee notes that these Regulations apply to trade and use in food production (section 2). It notes, however, that its scope of application does not cover offices. The Committee requests the Government to indicate how it is ensured that wholesome drinking water or some other wholesome drink is provided to workers in offices.

Article 14. Suitable seats supplied to workers. With reference to its previous comments on surveillance measures taken to enforce the provision of suitable seats to workers and opportunities to use them, the Committee notes that the Government indicates that the SLI monitors all workplaces and verifies both the risk assessment of the work environment and the measures taken by the employer, including measures where the worker has the opportunity to sit down. In this regard, it notes that the SLI monitors workplaces in relation to the prevention of ergonomic risks and musculoskeletal diseases. The Committee takes note of this information, which addresses its previous request.

Article 6. Inspection and statistics. Application of the Convention in practice. Further to its previous comments, the Committee notes the statistical data provided by the Government, including the number of violations detected by the SLI and the number of occupational diseases reported. It notes that while the number of violations decreased from 2,871 in 2015 to 1,744 in 2019, the number of occupational accidents due to unsatisfactory workplace conditions increased from 102 in 2015 to 125 in 2020. Noting that the Government provides general information regarding OSH statistics, the Committee requests the Government to provide specific information on the manner in which the Convention is applied in practice, including the number, nature and cause of reported occupational accidents and cases of occupational disease in trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work.

Articles 7 and 8 of the Convention. Employment, unemployment and underemployment statistics. Statistics of the structure and distribution of the economically active population. The Committee notes that statistics on the economically active population, employment and unemployment continue to be provided to the ILO for dissemination under ILOSTAT. The latest figures from the Labour Force Survey (LFS) relate to 2020. With respect to the implementation of the Resolution concerning statistics of work, employment and labour underutilization (Resolution I), adopted by the 19th International Conference of Labour Statisticians (October 2013), the Government indicates that unadjusted and seasonally adjusted monthly estimates on two groups of economic activity are published in the statistics tables of the Official Statistics Portal (the OSP) on employed and unemployed persons (aged 15–74). Three indicators characterising economic activity by month and by sex are published in the OSP statistics tables: the number of employed, the number of unemployed and the unemployment rate. Noting that the Central Statistical Bureau of Latvia conducts population censuses every 10 years, and the latest census was conducted in 2021, the Committee encourages the Government to consider accepting the obligations of Article 8. The Government is also requested to continue to supply data and information on the methodology used in the application of these provisions. It also invites the Government to provide information on any developments in relation to the implementation of the Resolution concerning statistics of work, employment and labour underutilization (Resolution I), adopted by the 19th International Conference of Labour Statisticians (October 2013).

The Committee notes the following information concerning the Articles of Part II of the Convention in respect of which the Government has not accepted the obligations of the Convention (Article 16(4)).

Articles 9(1) and 10. Current statistics of average earnings and hours of work. Statistics of wage structure and distribution. The Committee notes that there have been no changes affecting the application of these provisions. The Government provides a detailed description of consultations held with representative employers’ and workers’ organizations as well as information regarding the current statistical data and the underlying methodologies. Statistical data on wages/salaries and other labour costs, hours worked and paid, as well as the corresponding number of employees (workplaces occupied), is obtained from the same quarterly survey of undertakings and aggregated to include all sizes, fields and sectors of undertakings. Additional information regarding the hours worked per week is also obtained in the labour force survey of the CSB. Statistical data on wages/salaries disaggregated by professions, genders, sectors and other socio-economic indicators is obtained by carrying out a structural survey of wages/salaries which, according to the EU regulations, takes place every in four years. The most recent survey was conducted in 2018. The Committee invites the Government to continue to supply statistics on the application of these provisions and to consider accepting the obligations under Articles 9(1) and 10.

Article 11. Statistics of labour cost. The Committee notes that there have been no changes affecting the application of this Article. The Committee invites the Government to continue to provide statistics of average labour costs and encourages the Government to consider accepting the obligations under this Article.

Article 14. Statistics of occupational injuries. The Committee notes that, while the obligations under this Article have not been accepted, statistics on fatal and non-fatal occupational injuries, disaggregated by economic activity and occupation, are regularly communicated to the ILO Department of Statistics. There have been no changes affecting the application of this Article. The latest data available on occupational injuries derived from labour inspectorate records are from 2019. The Committee invites the Government to continue to supply statistics on occupational injuries and to consider accepting the obligations under this Article.

Article 15. Statistics of industrial disputes. The Committee notes that the Government regularly communicates statistics on strikes and lockouts, disaggregated by economic activity and derived from its annual establishment survey to the ILO Department of Statistics. The Committee invites the Government to continue to supply statistics of industrial disputes and to consider accepting the obligations under this Article.

Article 2 of the Convention. Coverage of public employees. The Committee notes the reply provided by the Government, in its report, concerning the manner in which the Convention is applied to public sector employees. It notes, in particular, that public sector employees benefit from the same protection as private sector employees in relation to maternity and that they are covered by the same provisions in this respect, namely the Labour Law, the Law on Maternity and Sickness Insurance, 1995, and the Law on State Social Benefits, 2002. The Committee takes note of this information.

Article 4(4). Compulsory postnatal leave. In its previous comments, the Committee requested the Government to indicate whether the representative organizations of employers and workers at the national level had been consulted regarding the establishment of a compulsory postnatal leave of two weeks in the Labour Law, considering that Article 4(4) of the Convention required maternity leave to include a period of six weeks' compulsory leave after childbirth, unless otherwise agreed at the national level by the government and the representative organizations of employers and workers.

In reply, the Government indicates that the minimum 2-week period of compulsory maternity leave was included in the Labour Law after consultation and in agreement with workers’ and employers’ representatives, namely the Free Trade Union Confederation of Latvia and the Employers’ Confederation of Latvia. The Government further specifies that, according to section 154 of the Labor Law, all women covered are entitled to 56 days of postnatal maternity leave, which they can use as they wish or require. The Committee takes note of this information.

Article 6(1). Suspension of maternity cash benefits in case of incapacity of the mother to care for her child. In its previous comments, the Committee noted that maternity benefits were suspended where a woman could not care for her child during a period of up to 42 days after birth due to health-related reasons, and requested the Government to indicate if during that suspension, sickness benefit was provided so as to allow the payment of maternity benefits to resume upon recovery from illness. The Committee notes the reply of the Government, indicating that, pursuant to section 6 (2) of the Law on Maternity and Sickness Insurance, 1995, where the mother is incapable of caring for her child for up to 42 days following childbirth due to sickness, injury or other health-related reasons, the father or the person who is effectively taking care of the child is granted the maternity benefit for the time during which the mother is not able to care for her child. The Committee further notes that, according to the Government, in such cases maternity benefits are not suspended, as both the mother and the father, or the other person caring for the child in lieu of the parents, are entitled to the maternity benefit simultaneously. The Committee takes note of this information.

Articles 6(1) and 9. Replacement of maternity leave by sick leave in certain cases. In its previous comments, the Committee noted that, pursuant to section 5(6) of the Law on Maternity and Sickness Insurance, women who relinquish the care and upbringing of their child or abandon their child were granted sickness benefit in place of maternity cash benefit, and requested the Government to indicate if sickness benefit could be provided during the whole period of maternity leave.

The Committee notes the Government’s reply, indicating that the duration of sickness or disability benefit in such cases would be linked to the health condition of the woman concerned, and is provided until she recovers. The payment of sickness benefit for the whole duration of the maternity leave period is therefore not envisaged. On this basis, the Government does not consider the right to sickness benefit to be guaranteed for a shorter period than maternity leave, and indicates that no problematic cases have been identified until now. The Committee also notes the Government’s indication that, in case of a child abandonment, the entitlement to maternity benefit is transferred to the father or to the other carer, as the case may be, and notes that section 6 (1) and (2) of the Law on Maternity and Sickness Insurance provides the same in cases where the mother has relinquished the care and raising of the child. Lastly, the Government specifies that in Latvia, the source of financing of sickness and maternity benefits is the same, and that these benefits come from the same fund.

While taking due note of the above, the Committee reiterates that the measure set out in section 5(6) of the Law on Maternity and Sickness Insurance in the case of a woman who relinquishes the care and upbringing of her child, or abandons her child, may have the effect of depriving the insured person of her maternity benefit entitlements and of unduly shortening her right to sickness benefits in the postnatal period. It may also lead to discrimination against women, contrary to Article 9 of the Convention, pursuant to which maternity shall not constitute a source of discrimination in employment. The Committee thus requests the Government to indicate any measure taken or envisaged to ensure that the cash benefits provided to women in the above mentioned cases to allow them to recover from pregnancy, childbirth and their consequences, for up to 2 weeks, which corresponds to the mandatory postnatal leave period in Latvia do not reduce their overall sickness benefit entitlement.

Article 6(2) and (3). Level of cash benefits. In its previous comments, the Committee requested the Government to indicate for which categories of women workers the replacement rate of 80 per cent of insurable earnings established by the national legislation for maternity benefits would be insufficient for the maintenance of the mother and child, as prescribed by Article 6(2) of the Convention, compared to at-risk-of-poverty level and subsistence level determined in the country, as well as to supply information on how maternity benefits paid to low wage earners are related to the poverty and subsistence levels determined in the country. The Committee notes the reply provided by the Government, indicating that low wage earners are protected by a statutory minimum monthly wage of EUR 500 in 2021. Consequently, the amount of the minimum maternity benefit in 2021 is EUR 400, representing 80 per cent of the minimum wage.

The Committee observes, however, based on the latest data available in the Eurostat database, that Latvia, in 2021, is still among the countries of the European Union (EU) with the highest share of persons at risk of poverty, i.e. 26 per cent of the population. Considering that the at-risk-of-poverty threshold (set, in the EU, at 60 per cent of the national median equivalized disposable income) corresponded, in 2019, to EUR 441 for Latvia, for a single person household, the Committee observes that a minimum maternity benefit of €400, is below the at-risk-of-poverty threshold.

In view of the above, the Committee requests the Government to indicate the measures taken to guarantee that maternity cash benefits are provided at a level ensuring that women can maintain themselves and their children in proper conditions of health and with a suitable standard of living, in accordance with Article 6(2) of the Convention. In this regard, the Committee requests the Government to provide information on any other cash benefits to which women, and in particular those at-risk of poverty, would be entitled during maternity leave, so as to ensure the application of Article 6(2) of the Convention. The Committee further requests the Government to indicate if the statutory minimum wage is applicable to women in atypical forms of dependent work, to whom the protection set out in the Convention must also be guaranteed.

Article 6(7). Medical benefits. Noting that the legislation only provided for free of charge medical care during the first 42 days following childbirth, the Committee previously requested the Government to indicate the measures it envisaged to take with a view to harmonizing national laws and regulations with Article 6(7) of the Convention, to ensure the provision of prenatal, childbirth and postnatal care, as well as hospitalization care when necessary, free of charge, at least during the period of maternity leave. The Committee notes with satisfaction that, pursuant to the Health Care Financing Law of 14 December 2017, women who receive health care services related to pregnancy and post-natal observation, are released from any co-payment otherwise required, and therefore receive maternity medical care services free of charge for up to seventy days after childbirth. The Committee takes note of this information.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Free Trade Union Confederation of Latvia (FTUCL) communicated with the Government’s reports.

Article 2 of the Convention. Minimum wages. The Committee notes the Government’s statement in its report that the minimum monthly wage was increased several times between 2014 and 2018 (from EUR320 to EUR430). It notes however that in 2019 and 2020, the minimum wage remained at the same level. The Government adds that in 2018 and 2019, amendments were made to several regulations of the Cabinet of Ministers to increase the lowest monthly salary for workers in the health-care and education sectors, who are mostly women. The Committee welcomes this information. It notes the Government’s indication that on 28 March 2019, amendments were made to section 68 of the Labour Law regarding supplements for overtime work or work on a public holiday, which provide that in sectors where the minimum wage has been significantly increased by general agreement it will be possible to set a lower supplement for overtime work. In the Government’s view, the possibility to determine lower overtime pay will facilitate the conclusion of general agreements in sectors, while setting the minimum wage significantly higher than the national minimum wage. The Committee further notes that in its supplementary information the Government indicates that, since 1 June 2019, three general sectoral agreements have been concluded setting minimum monthly wages or hourly rates. In light of the concentration of women in low-paid economic activity, the Committee asks the Government to provide information on the measures taken to ensure that minimum wage rates for specific groups of employees or sectors are determined on the basis of objective criteria free from gender bias, and that work in sectors with a high proportion of women is not undervalued in comparison with sectors in which men are predominantly employed. It asks the Government to provide information on any assessment made of the amendments introduced to section 68 of the Labour Law in order to ensure that women are not disproportionally affected by lower supplements for overtime work, which may contribute to unequal pay between men and women. The Committee asks the Government to provide information on any increase in minimum wages, as well as statistical information on the percentage of women and men who are paid the statutory minimum wage.

Collective agreements. The Committee previously noted the FTUCL’s intention to introduce specific provisions on equal remuneration for work of equal value in collective agreements. It notes the Government’s statement that in 2017 the Gender Equality Council of the FTUCL published a roadmap on gender equality for trade unions which provides information on equal pay, the gender pay gap and work-life balance, thus encouraging trade unions to promote equal pay through collective bargaining. The Government indicates that currently, two sectoral collective agreements (in the railway and health-care sectors) require the employer and the trade union to agree in local level collective agreements on the remuneration system and principles that comply with the national legislation, including the principle of equal remuneration for equal work or work of equal value. In its supplementary information, the Government adds that the sectoral general agreements concluded in 2019 for the construction and fiberglass sectors guarantee fair remuneration. The Committee notes the Government’s indication that in December 2019 both the FTUCL and the Employer’s Confederation of Latvia (ECL) invited public authorities to support the development of collective agreements in Latvia, in particular at the sectoral level, which would further promote the inclusion of equal pay clauses in collective agreements. It notes the Government’s statement that, according to FTUCL statistics, only 24 per cent of workers are covered by collective agreements. The Committee further notes that, in its supplementary information, the Government indicates that, pursuant to the Law of 17 October 2019 ("Amendments to the Labour Law"), the penalties for administrative violations provided for in the Latvian Administrative Violations Code of 1984 have been incorporated with slight amendments into the Labour Law. It however notes that, in its observations, the FTUCL regrets that section 166 of the Administrative Violations Code, which provides for a fine in case of non-compliance with the provisions of a collective agreement, has not been reproduced in the Labour Law, which does not include a similar provision. In the view of the FTUCL, effective sanctions are important to ensure the effective implementation of collective agreements. The Committee notes the Government’s reply that the draft amendments to the Labour Law were discussed with the social partners. The Committee asks the Government to continue providing information on the number of collective agreements that have incorporated the principle of equal remuneration for work of equal value, as well as an extract of the relevant provisions. It also asks the Government to provide information on any measures taken as a follow-up to the invitation by FTUCL and ECL to further develop collective agreements, in particular at the sectoral level, and their impact in reducing the gender pay gap. The Committee asks the Government to provide information on the measures taken to ensure the efficient implementation of collective agreements, including on the number and outcome of cases of non-compliance with the equal pay provisions of collective agreements.

Article 3. Objective job evaluation. Public service. Referring to its previous comments, the Committee notes the Government’s statement that several amendments have been made to the Regulation of the Cabinet of Ministers No. 1075 of 30 November 2010 on the “Occupation Catalogue of State and Local Government Institutions” and that a full review of the remuneration system in the public administration is ongoing. With regard to the determination of remuneration, the Government states that for the public service the value of the post and the corresponding monthly salary group is determined on the basis of the qualification requirements (education and professional experience), the complexity of the work and the level of responsibility. Each authority in turn establishes its own remuneration policy, including how the monthly salary is determined for employees, taking into account their individual qualifications and skills. The Government states that the evaluation process draws attention to the fact that posts should be assessed as if they were vacant. It adds that such a system excludes the possibility of relying on personal qualities not related to the quality of work and professionalism in determining the remuneration of the employee. The Committee takes notes of this information. In light of the broad gender pay gap in the public sector, the Committee asks the Government to provide information on the specific measures taken to ensure that the job evaluation methods used in the public service for the review of the remuneration system are free from gender bias, and that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. It further asks the Government to provide information on the catalogues of occupational activities in the public service that have been established, including statistical data on the distribution of women and men in each occupational category and their remuneration levels.

Private sector. Referring to its previous comments, in which it requested the Government, in cooperation with workers’ and employers’ organizations, to develop, promote and implement practical approaches and methods for the objective evaluation of jobs in the private sector, the Committee notes that, in its additional information, the Government indicates that private companies conduct salary surveys or internal company audits to understand differences in salaries within the company and trends in the industry and the economy as a whole. Furthermore, statistical data is collected and analysed at the enterprise level to develop and improve the wage system. The Committee wishes to emphasize that the effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare the relative value of the different jobs held by men and women through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills and qualifications, effort, responsibilities and working conditions, to avoid the assessment being tainted by gender bias (2012 General survey on the fundamental Conventions, paragraph 695). The Committee asks the Government to provide information on the methods used by private companies to conduct salary surveys, specifying the factors used to assess the value of the different jobs in practice. In light of the increasing gender pay gap in the private sector, the Committee asks the Government to provide information on any measures taken to promote the use in the private sector of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, including information on any cooperation with employers’ and workers’ organizations in this regard, for the purpose of giving effect to the provisions of the Convention.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee previously noted that the Tripartite Sub-council on Labour Affairs has reviewed on several occasions the European Commission Recommendation 2014/124/EU of 7 March 2014 on strengthening the principle of equal pay between men and women through transparency with the aim of determining how it could be implemented. It noted that the FTUCL has identified a number of measures that should be adopted for this purpose and highlighted that particular difficulties exist in some sectors in gaining access to pay information. The Committee regrets the lack of information provided by the Government on the measures envisaged to ensure pay transparency or access to pay information in order to help reduce the gender pay gap. It notes however that, in its supplementary information, the Government indicates that the ECL has carried out awareness-raising activities among employers on the European Commission Recommendation on wage transparency and that employers are increasingly using tools to implement the principle of wage transparency. The Committee welcomes this information. It however notes that, as highlighted in the 2020 European Commission country report on gender equality, workers do not have at their disposal effective means of access to information on remuneration, which is usually confidential (Country report on gender equality, Latvia, 2020, p. 61). The Committee asks the Government to provide information on the nature of the tools used by employers to implement the principle of wage transparency, as well as any assessment made of the extent to which employers are using such tools and their impact on reducing the gender pay gap. In light of the absence of complaints or cases on unequal pay dealt with by the competent authorities in recent years, it asks the Government to continue providing information on any measures taken, particularly at the national level and in cooperation with the social partners, to promote access to pay information. The Committee further asks the Government to provide information on any other steps and action undertaken to promote the implementation of the principle of the Convention in cooperation with the social partners, and the results of such initiatives.

Enforcement. The Committee notes the Government’s indication that no case or complaint on unequal pay has been dealt with by the State Labour Inspectorate (SLI) or the Ombudsperson since 2016. It however notes that, in its supplementary information, the Government refers to a case in December 2019 in which the SLI detected violations of the principle of equal rights to work and working conditions, in which employees who held the same positions and performed the same work duties were paid different remuneration. The Committee also observes that the administrative sanction imposed by the SLI was a warning to the company. With regard to judicial decisions, the Committee notes the Government’s indication that no statistics are available as cases on unequal pay are not registered as such by the national courts. It however notes that, in its observations, the FTUCL considers that the strict time limit set in the Labour Law to bring a claim to court in cases of unequal pay – three months compared to a two-year limit in other cases of labour disputes (sections 60(3) and 95(5) of the Labour Law) - may be a deterrent for unequal pay claims, and refers in this regard to the strict interpretation made by the courts of the three-month time limit set in the Labour Law (Supreme Court, judgement SKC-79/2018). The FTUCL adds that in its experience employees rarely choose to engage in a dispute with their employers during the employment relationship, thus losing the opportunity to bring unequal pay claims, and it suggests extending the time limit to two years. Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it notes that similar concerns were expressed regarding the time limit for bringing discrimination claims to court in employment cases, the Committee notes that, in its supplementary information, the Government states that the proposal of the FTUCL will be discussed with the social partners when the next amendments are prepared to the Labour Law. The Committee asks the Government to provide information on any measures taken or envisaged to amend section 60(3) of the Labour Law to extend the time limit to bring a claim to court for unequal pay in order to ensure appropriate access to justice and means of redress to workers. It further asks the Government to provide information on any activities undertaken to build the capacity of labour inspectors, judges and the staff of the Office of the Ombudsperson to enable them to detect unequal pay cases and impose dissuasive penalties. The Committee asks the Government to continue providing information on the number of cases of unequal pay detected or dealt with by the labour inspectorate, the Ombudsperson or the courts, as well as the sanctions imposed and remedies granted.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Free Trade Union Confederation of Latvia (FTUCL) communicated with the Government’s reports.

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. Referring to its previous comments, the Committee notes from the statistical information provided by the Government in its report, that, in 2018, gender pay differentials in gross monthly earnings were still higher in the public sector than in the private sector (18.2 per cent and 15.1 per cent respectively), but continued to widen in the private sector, while they slightly decreased in the public sector. The Committee notes, from Eurostat data, that the unadjusted gender pay gap (the difference between the average gross hourly earnings of men and women expressed as a percentage of the average gross hourly earnings of men) was estimated at 14.1 per cent in 2018. However, the gender pay gap was as high as 34.9 per cent in the financial and insurance activities and 25.3 per cent in wholesale and retail trade. The Committee notes the adoption of the Plan for the Promotion of Equal Rights and Opportunities for Women and Men for 2018–2020 which focuses on promoting economic independence and equal opportunities for women and men in the labour market, in particular by contributing to the achievement of the Inclusive Employment Guidelines for 2015-2020 which set as a priority to reduce the gender pay gap. It notes the Government’s statement that, as a result, a study on the factors and causes of gender pay inequality, and its prevalence in certain sectors, was to be finalized by the Ministry of Welfare in the course of 2020. As regards its previous comments concerning the inclusion of equal remuneration in the indicators of the “Sustainability Index” for enterprises, the Committee notes the lack of information provided by the Government on the contents of the guidelines and recommendations developed by experts for each enterprise or on any follow-up action undertaken to ensure their implementation. Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning gender occupational segregation, the Committee notes, from the statistical information provided by the Government, that women are mostly represented in economic activities characterized by low levels of remuneration, such as accommodation and food; education; human health and social work and other service activities. It further notes that women employed in the same economic activity as men systematically receive lower remuneration. The Committee notes this information with concern. It further notes that, in its 2018 report under the national-level review of implementation of the Beijing Declaration, the Government highlights that the gender pay gap, differences in labour market participation, and the division of care responsibilities are a set of reasons that impact on women’s pensions, the difference in pensions between women and men being estimated at 12.7 per cent in 2016 (page 32). In that regard, the Committee notes that, in its 2020 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the persistent gender pay gap resulting in lower pension benefits in traditionally female-dominated occupations (CEDAW/C/LVA/CO/4-7, 10 March 2020, paragraph 35(a)). The Committee further notes that, in its July 2020 report on the impact of COVID-19 measures on gender equality, the European network of legal experts on gender equality and non-discrimination from the European Commission highlighted that among the recipients of sickness allowance for leave on account of a COVID-19 diagnosis or quarantine, female workers were entitled to a daily sickness allowance which was €3.50 lower than for male workers, again highlighting the existing pay gap. The Committee urges the Government to provide information on the concrete measures and activities undertaken to address the gender pay gap, both in the public and private sectors, in particular by addressing occupational gender segregation and promoting women’s access to jobs with career prospects and higher pay, including in the framework of the Plan for the Promotion of Equal Rights and Opportunities for Women and Men for 2018–2020 and the Sustainability Index. In that regard, it asks the Government to provide information on the content of the study undertaken by the Ministry of Welfare or any other authorities concerning the extent and causes of wage differentials between men and women, as well as on any recommendations made to address it. The Committee asks the Government to continue to provide statistical data on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee previously noted that section 2(1) of the Law on Prohibition of Discrimination of Natural Persons – Economic Operators of 2012 prohibits discrimination with respect to self-employment on a number of grounds, except colour and social origin. The Committee notes the Government’s indication, in its report, that, for now, it does not consider amending the Law to include specifically the grounds of colour and social origin. It further notes the Government’s repeated statement that the ground of race, covered by the Law, includes the ground of colour, being interpreted in accordance with Article 1.1 of the United Nations (UN) Convention on the Elimination of Racial Discrimination, according to which “racial discrimination” shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin. The Committee however notes that, in its 2018 concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concern at the absence in the national legislation of a specific definition prohibiting racial discrimination that is fully in accordance with Article 1 of the Convention (CERD/C/LVA/CO/6-12, 25 September 2018, paragraph 10). It further notes with regret that the Government did not provide information on the measures taken to ensure protection against discrimination based on colour and social origin in practice. The Committee therefore asks the Government to provide information on any measures taken to ensure the protection of self-employed workers against discrimination on the grounds of colour and social origin, both in law and practice. It further asks the Government to provide information on the application of section 2(1) of the Law on Prohibition of Discrimination of Natural Persons-Economic Operators in practice, including any violations detected or dealt with by the labour inspectorate or other competent authorities.

Discrimination based on sex. Sexual harassment. The Committee recalls that section 29(7) of the Labour Law prohibits harassment, including sexual harassment, as a form of discrimination. It notes however, from the 2020 European Commission country report on gender equality, that sexual harassment cases are very rare, which testifies that this is still a latent problem as victims of sexual harassment are unable or unwilling to bring their case before the justice system (Country report on gender equality, Latvia, 2020, page 18). The Committee further notes that, in its 2020 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned about the fact that the State Labour Inspectorate (SLI) had not received any complaints about sexual harassment in the workplace (CEDAW/C/LVA/CO/4-7, 10 March 2020, paragraph 35(e)). The Committee wishes to recall that where no cases or complaints about an issue (such as sexual harassment at work), or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 870). The Committee therefore asks the Government to provide information on the measures taken to raise awareness of workers, employers, and their respective organizations about sexual harassment at work and the legal procedures available. It also asks the Government to provide information on the number of complaints and cases of sexual harassment detected or dealt with by the labour inspectorate, the courts or any other competent authorities, as well as the penalties imposed and compensation awarded.

Article 2. Equality of opportunity and treatment of women and men. The Committee previously noted that, while women represented a significant percentage of the workforce, the persistence of the gender segregation in the labour market continued to be a challenge. Referring to its previous comments where it noted the elaboration of the “Guidelines for ensuring equal opportunities and rights for women and men, 2016–20”, the Committee notes the Government’s indication that such guidelines were replaced by the Plan for the Promotion of Equal Rights and Opportunities for Women and Men for 2018–2020, approved by Order of the Cabinet of Ministers No. 298 of 4 July 2018. It notes more particularly that the new Plan sets as specific directions for activities: (1) the promotion of economic independence and equal opportunities for women and men in the labour market; (2) the promotion of equal educational opportunities for boys and girls, and men and women; (3) the strengthening of the capacity of authorities on gender equality issues; as well as (4) public awareness raising on gender equality issues. In its supplementary information, the Government adds that a new plan is currently being developed for 2021–23 and would aim, in particular, at promoting gender equality in the labour market and tackling gender stereotypes. The Government further indicates that an information campaign was carried out in 2020 to combat gender biases in employment in order to reduce the gender segregation of the labour market. As regards the conciliation between work and family responsibilities, the Committee notes the Government’s indication that paternity leave has been extended to ten working days in 2019, and new flexible childcare facilities for parents employed under non-standard working time conditions were introduced in 2018. In its supplementary information, the Government states that, in October 2019, an awareness-raising campaign was launched in order to strengthen the father’s role in family and society by minimizing stereotypes of traditional gender roles in society, which remains one of the main barriers to equality between women and men. The Government adds that, in March 2020, the Ministry of Welfare in cooperation with the Employers’ Confederation of Latvia (ECL) and the Free Trade Union Confederation of Latvia (FTUCL) launched a joint project “Balance for all – B4A” for 2020–2022, in order to better conciliate work and family responsibility. The Committee welcomes this information, as well as the activities undertaken in collaboration with the social partners. It however notes, from the statistical information of the Central Statistical Bureau (CSB) provided by the Government that, while the employment rate for women without a child was estimated at 84.2 per cent, it was estimated at 70.3 per cent for women with a child under 3 years of age (compared to 91.4 per cent for men). Moreover, twice as many women as men were working part-time in 2018, mainly for family reasons (10.8 per cent for women compared to 5.3 per cent for men). The Committee further notes, from the additional information provided by the Government, that horizontal gender segregation of the labour market persists, as in 2019, women were still concentrated in education, health and social work, and food and accommodation (representing more than 80 per cent of the workers employed in such sectors), while men were still concentrated in construction and mining (representing 92.3 per cent and 82.1 per cent of the workers, respectively). Moreover, only 6 per cent of women work in science, technology, engineering and mathematics (STEM) occupations, compared to 30 per cent of men, such proportions remaining unchanged since 2005. The Committee notes that, as acknowledged by the Government in its 2018 report under the national-level review of implementation of the Beijing Declaration, gender segregation in the choice of vocational education and higher education remains as 92 per cent of academic-year graduates in the field of education and health and social work were women in 2017/2018, while 74 per cent of graduates in engineering, manufacturing and construction were men (page 7). As regards vertical gender segregation, the Committee notes from Eurostat, that, in 2019, the largest share of women among managerial positions in the European Union countries was recorded in Latvia where women represent 54.8 per cent of managers. It further notes that women represented 31.7 per cent of board members and 28.6 per cent of senior executives. Concerning the public service, the Government states that there is stable vertical gender segregation with women being mostly concentrated in lowest positions. While welcoming the share of women among managerial positions in the private sector, the Committee notes with concern the persistent gender segregation in education and employment. It further notes that, in its 2020 concluding observations, the CEDAW expressed specific concerns at: (1) the persistence of discriminatory gender stereotypes messaging and calls for adherence to traditional roles and values for women; (2) the ongoing vertical and horizontal gender occupational segregation; and (3) the unequal sharing of family responsibilities between women and men (CEDAW/C/LVA/CO/4-7, 10 March 2020, paragraphs 21 and 35). The Committee asks the Government to strengthen its efforts to address vertical and horizontal gender segregation in the labour market and gender stereotypes, including by improving women’s participation in non-traditional fields of study and professions, as well as better conciliation between work and family responsibilities. It asks the Government to provide information on the concrete measures taken to this end, in particular in the framework of the Plan for the Promotion of Equal Rights and Opportunities for Women and Men for 2018–2020 or any other forthcoming plan, as well as on any assessment made of their impact. The Committee also asks the Government to continue to provide statistical information on the distribution of men and women, disaggregated by economic sector and occupation, both in the public and private sectors.

Equality of opportunity and treatment irrespective of race, colour, national extraction or social origin. Roma. The Committee previously noted that the Plan for Implementation on National Identity, Civil Society and Integration Policy Guidelines 2012–18 (Action Plan of the Guidelines) aimed to implement support measures for Roma integration, including to increase their levels of education and employment. It requested the Government to report on the implementation of the plan, in particular in relation to the levels of educational attainment of Roma children, the participation of Roma in vocational training and other skills development programmes, and their levels of employment. Noting that the Action Plan of the Guidelines ended in 2018, the Committee notes the Government’s indication that Roma integration measures are currently implemented in the context of the National Identity, Civil Society and Integration Policy Implementation Plan for 2019–2020, in cooperation with the Advisory Council for the Implementation of Roma Integration, as well as other Roma representatives or experts on Roma issues. The Committee notes that awareness-raising activities were carried out, in particular in the framework of the Latvian Roma Platform, in order to promote dialogue between Roma and representatives of local government and diversity at the enterprise level, as well as to exchange good practices on integration of Roma, in particular into the labour market. The Government adds that, from July 2016 until May 2019, more than 930 participants have been involved in Latvian Roma Platform projects’ activities implemented by the Ministry of Culture. The Committee welcomes this information. As regards educational attainment of Roma children, the Committee welcomes the decrease in the drop-out rate of Roma children from schools from 15.9 per cent in 2013/2014 to 7.5 per cent in 2016/2017, and notes that the Education Development Guidelines for 2014–2020 set as a specific objective to reduce this proportion to 7 per cent in 2020. It however notes that, in 2016/2017, 34.2 per cent of Roma children were enrolled in special needs programmes, which represents a 7 per cent increase compared with 2013/2014. In that regard, the Committee notes that, in its 2019 report, the European Commission against Racism and Intolerance (ECRI) highlighted that the situation of the Roma community is still of grave concern, especially in the areas of: (1) education, where a disproportionately high number of Roma children are placed in special needs programmes; (2) employment, where the very low levels of formal education among Roma, as well as frequently reported cases of anti-Roma prejudice and discrimination from potential employers result in high rates of unemployment among Roma and related socio-economic exclusion; and (3) professional and vocational training courses, where despite such courses are offered by the State Employment Agency (SEA) to all unemployed persons, they usually require participants to have completed compulsory primary school, a requirement which excludes a large number of Roma. Indeed, according to SEA data of August 2015, the educational level of 67.4 per cent of registered unemployed Roma was lower than the compulsory primary education and 20 per cent of them did not possess reading and writing skills (CRI(2019)1, 5 March 2019, paragraphs 65, 69–71) . While noting from the statistical data provided by the Government in its supplementary information, that 6,892 Roma were registered in Latvia on 1 January 2020, the Committee observes that, in its report, ECRI also highlighted that many Roma do not volunteer information about their ethnic origin to the authorities due to persistent stigmatization and prejudice against Roma in the public sphere (paragraph 64). The Committee also notes that, in its their concluding observations, several UN treaty-bodies recently expressed concerns about: (1) the continued stigma and socio-economic discrimination against members of the Roma community, especially Roma women, who continue to face discrimination in education and employment; and (2) the suppression of a post in the Office of the Ombudsperson for a Roma consultant, who was tasked with promoting Roma integration (CEDAW/C/LVA/CO/4-7, 10 March 2020, paragraphs 35 and 41(b); and CERD/C/LVA/CO/6-12, 25 September 2018, paragraph 22). The Committee asks the Government to strengthen its efforts to combat stigma and discrimination against Roma people in order to ensure them equal treatment and opportunity in education, training and employment. It asks the Government to provide information on the measures taken to that end, in particular in the framework of the National Identity, Civil Society and Integration Policy Implementation Plan for 2019-2020, as well as on any study or report available on their impact. The Committee also asks the Government to provide statistical data on the participation of Roma in education, professional and vocational training courses, as well as in the labour market.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. The Committee notes, from the statistical information provided by the Government, that the number of applications on unequal treatment in employment relationships sent to the SLI increased from 28 applications in 2018 to 69 in 2019. Moreover, in 2019, the SLI detected nine violations and provided 116 consultations on unequal treatment. In its supplementary information, the Government indicates that comparative statistical data between March/June 2019 and March/June 2020 showed an increase in the number of consultations provided by the SLI during the emergency situation resulting from the COVID-19 pandemic. The Government adds that, from 1 June 2019 to 1 June 2020, the Office of the Ombudsperson received 17 applications relating to discrimination and unequal treatment. In that regard, the Committee notes that, in 2020, the Ombudsperson conducted a comparative study 2011/2020 on the “Prevalence of Discrimination in the Employment Environment in Latvia” which showed an increase in the level of public awareness on discrimination issues. However according to the study, 21 per cent of employees indicated that they have personally experienced discriminatory treatment in the workplace over the last three years, and 44 per cent have noticed a job advertisement with biased requirements regarding the age and gender of the candidates over the last five years. As regards judicial decisions, the Committee notes the Government’s statement that no statistics are available as discrimination cases are not registered as such by national courts. The Committee however notes, from the 2020 European Commission country report on gender equality, that there is insufficient activity on discrimination in practice from the supervisory bodies, in particular the SLI which lacks capacity to proactively address violations of gender equality rights, since the priority issues are the fight against undeclared work and the violation of health and safety rules. The European Commission also highlighted that discrimination claims are still rare in Latvia, which may be explained by: (1) litigation costs which are too expensive for the majority of the working population; (2) low amount of the administrative sanctions imposed by the SLI and of the compensations awarded by national courts; and (3) strict time limits for bringing a discrimination claim before a court in employment cases – three months compared to a two-year limit in other cases of labour disputes (sections 31(1) and 95(5) of the Labour Law) (Country report on gender equality, Latvia, 2020, pages 62, 64, 67 and 68; and Country report on non-discrimination, Latvia, 2019, pages 11, 60 and 91). Regarding time limits, the Committee refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), where it noted that similar concerns were expressed by the FTUCL, in its observations, regarding unequal pay claims. The Committee asks the Government to provide information on any measures taken or envisaged to: (i) enhance the capacity of labour inspectors and other relevant authorities to identify and address issues of discrimination in employment and occupation; and (ii) ensure that workers have appropriate access to justice and means of redress in cases of discrimination. It also asks the Government to continue to provide information on any cases of discrimination detected or dealt with by the labour inspectorate, the Ombudsperson, the courts or any other competent authorities, as well as the sanctions imposed and remedies provided.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 1(2) of the Convention. Discrimination on the basis of national extraction. Inherent requirements of the job. For a number of years, the Committee has been expressing concern at the discriminatory impact that the language requirements of the Law on State Language of 1999 may have on the employment or occupational opportunities of minority groups, in particular the large Russian-speaking minority. It recalled that section 6(2) of the Law provides that employees of private institutions, organizations and enterprises and self-employed persons shall use the official language if their activities affect the “lawful interests of the public” and observed that this requirement affects a large number of posts and occupations (public security, health, morality, health care, protection of consumer rights and employment rights, safety in the workplace and supervision of public administration). The Committee requested the Government to consider drawing up a list of occupations for which the use of the official language is required under section 6(2) of the Law on State Language so as to limit it to cases where language is an inherent requirement of the job. The Committee observes that, according to the January 2017 data of the Central Statistical Bureau (CSB), the ethnic distribution of the Latvian population included 25.4 per cent Russians. It notes with regret the absence of measures taken by the Government to limit the list of occupations for which the use of the official language is required under the Law. The Committee notes the Government’s statement in its report and additional information that several amendments have been introduced between 2017 and 2020 in Cabinet of Ministers Regulation No. 733 of 2009, which prescribes the required level of proficiency in Latvian for each profession or occupation, pursuant to section 6(5) of the Law. The Government indicates that the purpose of the amendments is principally to: (1) harmonize the professions and occupations listed in the regulation with the titles and codes of professions included in the classification of occupations; and (2) provide a transitional period until 1 July 2021 for the persons whose state language proficiency for the performance of their professional and office duties has been increased by at least one level. In this regard, the Government recalls that, after passing the Latvian language examination successfully, people will receive a proficiency certificate to prove to the employer and educational institutions their ability to communicate in Latvian. However, if a person fails to master one level of the language courses, she or he will lose the opportunity to apply for the next level and will only have a second chance to apply for the same level once a year. The Committee notes the detailed information provided by the Government on the various Latvian language learning programmes and courses provided to children and adults by some municipalities, the State Employment Agency (SEA) and the Latvian Language Agency (LVA). In this regard, it notes more particularly that, between 2016 and 2018, 587 third-country nationals received Latvian language training to facilitate their integration into the labour market, in the framework of the project of the Asylum, Migration and Integration Fund implemented by the LVA. It further notes the Government’s statement that one of the objectives of the National Identity, Civil Society and Integration Policy Implementation Plan 2019–20 is to strengthen Latvian language literacy in society.

In its supplementary information, the Government indicates that a gradual switch to Latvian as the sole language of instruction has been started and, to that end, amendments were introduced in 2018 in the Law on Education of 1998 and the Law on General Education of 1999. The Government states that the implementation of the reform regarding the language of instruction will be supported by new teaching and learning materials, including training for teachers, in order to help them successfully implement the new competence-based education content in Latvian. In that regard, the Committee notes that in 2018 the LVA launched a project aiming to support 3,500 teachers by 2021, including teachers with ethnic minority background, in order to help them develop their Latvian language skills for professional purposes. However, the Committee notes that, in their concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) and the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) express concern at the education reform, which will create undue restrictions on access to education in minority languages. The CERD also expresses specific concern at section 6 of the Law on State Language, which may result in direct and indirect discrimination against minorities in access to employment in public and private institutions (CEDAW/C/LVA/CO/4-7, 10 March 2020, paragraph 33, and CERD/C/LVA/CO/6-12, 25 September 2018, paragraph 16). The Committee wishes to recall that discrimination based on national extraction can occur when legislation imposing a State language for employment in public and private sector activities is interpreted and implemented too broadly and, as such, disproportionately and adversely affects the employment and occupational opportunities of minority language groups. Furthermore, it recalls that, in order to come within the scope of the exception provided for in Article 1(2) of the Convention regarding inherent requirements of a particular job, any limitation regarding access to employment must be required by the characteristics of the particular job, and in proportion to its inherent requirements. Such exception must be interpreted restrictively so as to avoid undue limitation of the protection that the Convention is intended to provide (2012 General Survey on the fundamental Conventions, paragraphs 764 and 827–831). In light of the persistent large number of posts and occupations for which the use of the official language is required under section 6(2) of the Law on State Language, the Committee urges the Government to take the necessary steps to avoid any undue limitation on employment and occupational opportunities for any group by limiting the number of occupations in which proficiency in Latvian is considered to be an inherent requirement of the job. It further asks the Government to continue providing information on Latvian language classes and activities carried out to ensure that its national legislation, including the ongoing reform regarding the language of instruction, does not create in practice direct or indirect discrimination in access to education and employment for minority groups, in particular the large Russian-speaking minority.

Articles 1(2) and 4. Discrimination on the basis of political opinion. Inherent requirements of the job. Activities prejudicial to the security of the State. For a number of years, the Committee has been referring to the mandatory requirements set out in the Law on the State Civil Service of 2000, which provides that, in order to qualify as a candidate for any civil service position, the person concerned may not be or have been “in a permanent staff position, in the state security service, intelligence or counterintelligence service of the USSR, the Latvian Soviet Socialist Republic (SSR) or some foreign State” (section 7(8)), or “member of organizations banned by laws or court rulings” (section 7(9)). The Committee drew the Government’s attention to the fact that the Law applies to any state civil service position and to employment by specified services irrespective of the level of responsibility, and requested the Government to amend sections 7(8) and 7(9) of the Law or to take steps to clearly stipulate and define the functions to which these sections apply. The Committee notes the Government’s repeated statement that the purpose of such restrictions is to prevent persons from entering the public service who are not loyal to the State and who could constitute a threat to national security. The Government adds that in April 2019 the Ministry of Justice prepared a report on the necessity and appropriateness of the restrictions imposed by the Law on the State Civil Service on former employees of the Latvian SSR National Security Committee and concluded that such restrictions should be maintained in order to “ensure a loyal, professional and politically neutral State civil service, which ensures legal, stable, efficient and transparent operation of the public administration”. Observing that the report of the Ministry of Justice highlights that it would however be more appropriate for a democratic country to assess the individual circumstances in each case and adopt a decision based on such assessment of the degree of past cooperation, the nature of the work, etc., the Committee notes the Government’s indication that such information is not available and such a recommendation would thus be impossible to implement. With regard to the number of persons dismissed or whose applications have been rejected pursuant to sections 7(8) and 7(9) of the Law on the State Civil Service, the Government states that such data is not available for now. While understanding the Government’s concerns and noting its explanations, the Committee again draws the Government’s attention to the fact that the Law applies to any state civil service position and to employment by specified services irrespective of the level of responsibility. It recalls that, to come under the scope of the exception provided for in Article 1(2) regarding the inherent requirements of a particular job or in Article 4 on the security of the State, any limitation regarding access to employment should be interpreted strictly in order to avoid any undue limitations on the protection which the Convention seeks to guarantee. More particularly, it recalls that criteria such as political opinion may be taken into account as an inherent requirement, under Article 1(2), only for certain posts involving special responsibilities directly concerned with developing government policy. Moreover, for measures not to be discriminatory under Article 4 of the Convention, they must: (1) affect an individual on account of activities he or she is justifiably suspected or proven to have undertaken, and that such measures become discriminatory when taken simply by reason of membership of a particular group or community; (2) refer to activities qualifiable as prejudicial to the security of State; and (3) be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of political opinion. In addition to these substantive conditions, the legitimate application of this exception must respect the right of the person affected by the measures to appeal to a competent body established in accordance with national practice (2012 General Survey, paragraphs 832–835). The Committee urges the Government to take the necessary steps to amend sections 7(8) and 7(9) of the Law on the State Civil Service in order to limit their scope of application to specific functions and positions in the State civil service, in conformity with the provisions of the Convention. It asks the Government to provide information on any progress made in that regard. In the meantime, the Committee asks the Government to provide any available data on the application of sections 7(8) and 7(9) in practice, including on the number of persons whose applications have been rejected pursuant to these sections, the reasons for these decisions and the functions concerned, as well as any appeals lodged against such decisions.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the Free Trade Union Confederation of Latvia (FTUCL) this year, as well as on the basis of the information at its disposal in 2019.

Application in practice and measures adopted to mitigate the impact of the COVID 19 pandemic. The Committee notes the detailed information, including statistics as well as copies of judicial decisions concerning the implementation of the Convention. The Committee further notes the information concerning the statistics on claims for reinstatement and on claims for recovery of remuneration and other rights before district and regional courts. The Government also provides statistical information on the applications and decisions from the State Labour Inspectorate concerning termination of employment pursuant to section 101(1) of the Labour Act. The Committee also notes the additional information submitted by the Government concerning temporary amendments to different laws and regulations such as the Law on Unemployment Insurance or other measures in support for unemployed persons in the framework of the measures taken to mitigate the negative socio-economic effects of the COVID-19 pandemic on employment. The Committee requests the Government to continue to provide updated available information on the manner in which the provisions of the Convention are applied in practice, including relevant judicial decisions involving questions relating to the application of the Convention, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons in the country. The Government is also requested to continue to provide information on the impact of the COVID-19 pandemic and the measures adopted to mitigate it on the application of the Convention.

Article 2(2) and (3) of the Convention. Adequate safeguards in case of abusive recourse to contracts of employment for a specified period. The Committee had noted that pursuant to section 44(6) of the Labour Act, the same provisions that apply to workers engaged under a contract for an unspecified period also apply to those engaged under contracts for a specified period, for example, in regard to notice periods. The Government indicates that while there have been no judicial decisions interpreting this provision, the protection against abusive recourse to contracts of employment for a specified period of time is provided by the State Labour Inspectorate which, in case of violation of the law imposes a fine on the employer. The Committee takes note of this information and requests the Government to continue to provide information on relevant judicial decisions involving questions relating to the application of the Convention.

Articles 5(c) and 9(3). Invalid reason for termination. Procedure of appeal. In reply to the Committee’s request for judicial decisions interpreting section 9 of the Labour Act concerning the imposition of sanctions to an employee for the exercise of his or her rights, the Committee notes that the Government provides a summary of case-law in matters regarding termination of employment on the initiative of the employer, and prohibition to cause adverse consequences to an employee for the exercise of his or her statutory or contractual rights. The Committee notes that various decisions in this summary examine diverse aspects of section 9. As regards the possibility provided in section 109(2) of the Labour Act to dismiss a person with disabilities on the ground that she or he lacks adequate occupational competence for performance of the contracted work, the Committee had requested the Government to indicate how it was ensured that the termination was indeed based on valid reasons. The Government indicates that the State Labour Inspectorate is competent to examine the valid reason for termination and in case of violation of the law it imposes a fine on the employer. The Government also provides copies of judicial decisions concerning dismissal of workers with disabilities where the legal grounds for dismissal are examined in detail. The Committee takes note of this information.

Comments adopted by the CEACR: Latvia

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A. Labour inspection

1. Labour Inspection Convention, 1947 (No. 81)

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

A. Labour administration

Labour Administration Convention, 1978 (No. 150)

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A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

B. Protection against specific risks

1. White Lead Convention, 1921 (No. 13)

2. Radiation Protection Convention, 1960 (No. 115)

3. Guarding of Machinery Convention, 1963 (No. 119)

C. Protection in specific branches

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

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Comments adopted by the CEACR: Latvia

Display the list by:

ADOPTED_BY_THE_CEACR_IN 2021

C087 - CMNT_TITLE

C098 - CMNT_TITLE

C122 - CMNT_TITLE

C132 - CMNT_TITLE

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A. Labour inspection

1. Labour Inspection Convention, 1947 (No. 81)

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

A. Labour administration

Labour Administration Convention, 1978 (No. 150)

C155 - CMNT_TITLE

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

B. Protection against specific risks

1. White Lead Convention, 1921 (No. 13)

2. Radiation Protection Convention, 1960 (No. 115)

3. Guarding of Machinery Convention, 1963 (No. 119)

C. Protection in specific branches

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

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ADOPTED_BY_THE_CEACR_IN 2020

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